IMPORTANT POINT
A person, not a relative of the husband, may not be prosecuted for offence under Section 304B IPC

JUDGMENT

Chandramauli Kr. Prasad

State of Punjab aggrieved by the order dated 7th of September, 2005, passed by the Punjab and Haryana High Court in Criminal Revision No. 320 of 2000 whereby it has set aside the order of the trial court dated 24th of January, 2000 summoning the respondent Gurmit Singh to face trial under Section 319 of the Code of Criminal Procedure, has preferred this special leave petition. Leave granted. Facts lie in a very short compass. On the basis of a report a case under Section 304B of the Indian Penal Code (for short 'IPC') was registered at Police Station, Kharar. In the first information report, the names of various accused persons figured including Gurmit Singh, the respondent herein.

Police after usual investigation, submitted the charge- sheet in which the respondent did not figure as an accused. However, the respondent along with some other accused persons who were not charge- sheeted were summoned to face the trial. They challenged the said order before the High Court in Criminal Misc. No. 1584-M of 1999 and the High Court by its order dated 25th of February, 1999 set aside the order summoning those accused persons including the respondent but while doing so gave liberty to take recourse to the provisions of Section 319 of the Code of Criminal Procedure, hereinafter referred to as the 'Code', at an appropriate stage of the trial. During the course of trial, evidence of one Shakuntla Rani, PW-1 was recorded, who averred that the respondent herein was also responsible for the death of Gurjit Kaur, the wife of Paramjit Singh.

Thereafter, an application was filed by the prosecution for summoning aforesaid Gurmit Singh and other accused persons before the trial court in exercise of the power under Section 319 of the Code. The trial court by its order dated 24th of January, 2000, summoned the respondent besides other accused persons to face trial, for commission of offence under Section 304B IPC, inter alia, observing that the names of those persons figured in the FIR, statement of the witnesses recorded under Section 161 of the Code and the evidence of Shakuntla Rani, PW-1. Respondent challenged the aforesaid order in a revision application filed before the High Court inter alia on the ground that he cannot be tried for offence under Section 304B of the Code because he is not a relative of the husband of the deceased.

It was pointed out that Paramjit Singh happened to be the husband of the deceased whereas the respondent is the brother of his aunt (chachi) and, therefore, cannot be said to be a relative of the deceased's husband. Aforesaid submission found favour with the High Court and, accordingly, it quashed the order summoning the respondent to face the trial. While doing so, the High Court observed as follows: "Even the dictionary meaning of a relative is one who is related by blood or marriage. Gurmit Singh is certainly not related to Paramjit Singh either by blood or by marriage. Gurmit Singh would not fall in the category of relative of the husband.

Therefore, Gurmit Singh must be excluded from the array of the accused. It is not necessary to try him under Section 304B I.P.C. for the dowry death of Paramjit Singh's wife. Mr. V. Madhukar, learned Additional Advocate General appearing on behalf of the State submits that the High Court erred in holding that the respondent is not a relative of the husband of the deceased. He points out that Balbir Kaur is the wife of Paramjit Singh's father's brother and Gurmit Singh respondent herein happens to be Balbir Kaur's brother, hence, a relative of Paramjit Singh. According to him, the High Court erred in holding that he is not a relative of the husband of the deceased. Mr. C.D. Singh, learned counsel appearing on behalf of the respondent, however, submits that the respondent cannot be said to be related to the husband of the deceased in any manner and, therefore, cannot be prosecuted for offence under Section 304B of the IPC. The rival submission necessita